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HomeMy WebLinkAbout2010-005ORDINANCE NO. 2010- 005 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR: A. APPROXIMATELY ± 27.97 ACRES, LOCATED AT 9700 WATER VLIET AVENUE SEBASTIAN, FROM A-1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), AND CL, LIMITED COMMERCIAL DISTRICT, TO CON -1, CONSERVATION -1 DISTRICT (0 UNITS/ACRE); AND B. APPROXIMATELY ± 37.48 ACRES, LOCATED AT 7775 AND 7780 85" STREET VERO BEACH, FROM A-1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT /5ACRES), TO CON -1, CONSERVATION -1 DISTRICT (0 UNITS/ACRE); AND C. APPROXIMATELY ± 457.86 ACRES, LOCATED APPROXIMATELY 2 MILES WEST OF INTERSTATE 95 AND APPROXIMATELY 1.5 MILES NORTH OF SR -60, FROM A-2, AGRICULTURAL -2 DISTRICT (UP TO 1 UNIT/10ACRES), TO CON -1, CONSERVATION -1 DISTRICT (0 UNITS/ACRE); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners, did publish its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that: The zoning of the following described property situated in Indian River County, Florida, to wit: Parcel A: The northwest '/4 of the southwest '/4 of Section 23, Township 31 south, Range 38 east, located north of right of way recorded in O.R. book 226 page 263 public ORDINANCE NO. 2010- 005 records of Indian River County, Florida, less railroad right of way and less right of way recorded in O.R. book 226, page 263 public records of Indian River County, Florida and less and except the following: Beginning at the intersection of the east right of way line of Watervliet Street (60' R/W) and the north right-of-way line of county road 512 as shown on maintenance map recorded in platbook 10, page 28, public records of Indian River County, Florida. Run N00°12138"E along said east right of way line of Watervliet Street a distance of 48.31 feet; thence S44038'26"E a distance of 37.54 feet to a point on a curve; thence along a curve to the left having a delta of 25°38'34", a radius of 2002.00 feet, an arc distance of 902.61 feet a chord bearing of N74057'28"E and a chord length of 894.99 feet to a point of non tangent compound curve; thence along a curve to the left having a delta of 12077'21", a radius of 2257.58 feet, an arc length of 484.24 feet a chord bearing of N51°58'58"E and a chord length of 483.31 feet to a point on the east line of said NW 1/4 of the SW 1/4: thence along said east line S00°16'49W a distance of 70.07 feet to a point on a curve located on the existing north right of way line of county road 512; thence along the curve to the right having a delta of 41001'10", a radius of 1940.00 feet, an arc distance of 1388.89 feet a chord bearing of S69°15'25'W, a chord distance of 1359.42 feet back to the point of beginning. Is changed from A-1, Agricultural -I (up to 1 unit/5 acres), and CL, Limited Commercial District, to Con -1, Conservation -1 District (0 units/acre). All with the meaning and intent as set forth and described in the Indian River County Land Development Regulations. AND The following described property situated in Indian River County, Florida: Parcel B: The west %Z of the south '/Z of the west % of the west '/Z of the southeast 1/4 of Section 25, Township 31 south, Range 38 east, Indian River County, Florida, together with that portion of land described in official records book 1284, page 588, public records of Indian River County, Florida, less that portion conveyed to the Sebastian River Drainage District recorded in official records book 132, page 543 and less that portion conveyed to the State of Florida in official records book 185, page 661, public records of Indian River County, Florida. And The northwest '/4 of the northeast 1/4 of Section 36, Township 31 south, Range 38 east, less the east 10 acres, less the north 40 feet for road right of way, Indian River County, Florida. Is changed from A-1, Agricultural -1 District (up to 1 unit/5 acres), to Con -1, Conservation -1 District (0 units/acre). ORDINANCE NO. 2010- 005 All with the meaning and intent as set forth and described in the Indian River County Land Development Regulations. AND The following described property situated in Indian River County, Florida: Parcel C: A parcel of land being a portion of Section 30, Township 32 south, Range 39 east, Indian River County, Florida; more particularly described as follows: For a point of reference commence at the southwest corner of Section 30, Township 32 south, Range 38 east, Indian River County, Florida; thence run N00°26'45"E, along the west boundary of said section, a distance of 150.00 feet to a point on a line 150.00 feet north of and parallel with the south line of said section 30 for the point of beginning, thence run N00°26'45"E along said west boundary, a distance of 5153.81 feet; thence run S58027'00"E, for a distance of 2621.03 feet; thence run S00°20'55"W for a distance of 2638.63 feet; thence run N89°14'54"E for a distance of 2619.42 feet; thence run S00°18'22"W for a distance of 2501.73 feet to a point on said line lying 150.00 north of and parallel with the south line of said section 30; thence run N89°44'51"W, along said line for a distance of 5250.01 feet to the point of beginning. All lying and being in Indian River County, Florida. Is changed from A-2, Agricultural -2 District (up to 1 unit/10 acres), to Con -1, Conservation — 1 District (0 units/acre). All with the meaning and intent as set forth and described in the Indian River County Land Development Regulations. Effective Date: This ordinance shall become effective upon the issuance by the State Department of Community Affairs of a Notice of Intent to find the related Comprehensive Plan Land Use Designation Amendment contained in Ordinance Number 2010-00in compliance with s. 163.3184(9) or the issuance of a final order by the Administration Commission finding the referenced amendment in compliance with s. 163.3184(10). Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23rd day of March, 2010. This ordinance was advertised in the Press -Journal on the 8th day of March, 2010, for a public hearing to be held on the 23rd day of March, 2010, at which time it was moved for adoption by Commissioner Wheeler , seconded by Commissioner Sol ari , and adopted by the following vote: ORDINANCE NO. 2010- 005 Peter D. O'Bryan, Chairman Aye Bob Solari, Vice Chairman Aye Gary C. Wheeler, Commissioner Aye Wesley S. Davis, Commissioner Aye Joseph E. Flescher, Commissioner Aye o06�,�`f��e B70I RD OF COUNTY LOMMISSIONERS OVN'DIANrRIU-ER CO.LNTY J'.Bryan C a a ATTEST BY:( 0 Jeffrey K. Barton, Clerk Acknowledgment by the Department of State of the State of Florida this 3 O day of IARC) , 2010 Acknowledgment by the Department of State received on this day of AF R IL , 2010, at L.,S() A.M.M. and filed in the office of the Clerk of the Board of the County Commissioners of lndla ver County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Alan S. Polachwich, County Attorney APPROVED AS TO PLANNING MATTERS 4�'dzm'A tx--h' — Robert M. Keating, AICP Community Development Arectr FACommunity Development\Comprehensive Plan Land Use Amendments\Conservation Lands July 2009-CPA-261\Rezoning Ordinance.doc